Personal injury cases can be complex. When looking at car crashes, the court will consider all of the evidence and arrive at a conclusion as to who was at fault.
If it is found that a driver was negligent, then the party who suffered damages may be awarded personal injury compensation. How do the courts establish negligence in personal injury cases?
The duty of care
Vehicles aren’t inherently dangerous but they certainly have the potential to be. This is something that all drivers must acknowledge. Every driver owes a duty of care to other drivers and anyone who may be in the vicinity of their vehicle.
A breach of duty of care
To be deemed negligent, a driver must have breached their duty of care. This means that they must have acted unreasonably. It takes more than a simple and honest error to breach the duty of care. Instead, a driver must have acted in a way that no reasonable driver would have been expected to. An example of this would be driving while impaired.
Causation and actual damages
Finally, to be negligent, a driver must have caused actual damages. This means that injuries must have been suffered as a direct result of the crash. Injuries can be physical and/or psychological. Actual damages can also include things like loss of enjoyment in life. Without injuries or damages, a personal injury claim is not possible.
To be awarded compensation after a car crash, you will need to show that the other driver was negligent. This can be a complex process, which is why it is so important to have legal guidance on your side.